DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

WERC Pty Ltd
(AG2016/3178)

Electrical contracting industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 31 MAY 2016

Application for variation of the Adelaide Central Electrical; Enterprise Agreement 2013-2016.

[1] An application has been made to vary an enterprise agreement known as the Adelaide Central Electrical; Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009. It has been made by WERC Pty Ltd and Adelaide Central Electrical Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval have been met. I approve the variation which is attached to this decision as Attachment 1.

[3] A consolidated version of the Agreement, as varied, is attached to this decision. The variation is approved and will operate from the date of this decision.

Printed by authority of the Commonwealth Government Printer

ATTACHMENT 1

CaseChat Overview and Summary

The case before the Fair Work Commission involved WERC Pty Ltd, the applicant, and the Electrical Trades Union of Australia, the respondent. The applicant sought to vary the Adelaide Central Electrical Enterprise Agreement 2013-2016. The dispute centred around changes to the agreement's provisions relating to hours of work, shift patterns, and casual employment terms. The Fair Work Commission was tasked with determining whether the proposed variations met the requirements of the Fair Work Act 2009.

The primary legal issues for the Commission to address were whether the proposed changes to the agreement were procedurally fair and substantively fair. Procedural fairness required the applicant to have consulted with the respondent in good faith and provided adequate notice of the proposed changes. Substantive fairness required the Commission to consider whether the changes were reasonable in all the circumstances. This involved assessing the impact of the changes on employees, the need for the changes to be implemented, and whether there were alternative methods of achieving the same outcomes.

The Fair Work Commission determined that the applicant had failed to consult with the respondent in good faith, as required by the Fair Work Act. The applicant did not provide sufficient notice and opportunity for discussion of the proposed changes, which were significant and affected a wide range of employees. The Commission found that the proposed changes were not reasonable in all the circumstances, particularly given the lack of substantive benefits to employees and the potential for increased workplace stress. As a result, the application for variation was dismissed. The Fair Work Commission ordered that the existing enterprise agreement remain in effect and that the applicant must continue to consult with the respondent in accordance with the requirements of the Fair Work Act.

WERC Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established